Terms and Conditions

Dream Team: Terms and Conditions

These terms and conditions ("Terms") set out how you may enter into, and continue to participate in New Zealand Herald:

·       Fantasy games (Fantasy Games);

·       Streak Games (Streak Games)

·       Virtual/Tipping games (Tipping Games); and

·       Online communities provided with those games,

(each a Game; together, Dream Team).

Dream Team is provided by NZME. Publishing Limited (formerly known as APN New Zealand Limited) , whose registered office is 2 Graham Street, Auckland New Zealand (NZME. or We, Us, Our in these Terms).  Vapormedia Pty Limited as the trustee for Vapormedia Unit Trust (ABN 29 276 856 233) (VM) operates the Fantasy Super Rugby, Fantasy NRL and Super Rugby Streak games on behalf of NZME..

Please read through these Terms carefully. If you do not accept the Terms, do not enter Dream Team. By entering and continuing to participate in Dream Team, you are confirming your acceptance of the Terms.

If you are playing a Fantasy Game then the Terms include the Fantasy Game Rules set out below and on the webpage for the relevant Fantasy Game.  If you are playing a Tipping Game then the Terms include the Tipping Game Rules set out below and on the webpage for the relevant Tipping Game.  If you are playing a Streak Game then the Terms include the Streak Game Rules set out below and on the webpage for the relevant Streak Game. 

The Terms also include any additional informative and explanatory information communicated to you in relation to the Game and the NZME. website Terms of Use at [http://www.apn.co.nz/terms/] and Privacy Policy at [http://dreamteam.nzherald.co.nz/content/PrivacyPolicy.aspx] also apply to your use of Dream Team websites.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.  The Terms are the entire agreement between the parties relating to Dream Team.

These Terms are governed by the laws of New Zealand. 

Our right to make changes

We may, at any time, amend or delete any of these Terms. Please ensure that you check the Terms on a regular basis to review any changes we have made. Your continued participation in Dream Team following the publication of any changes to the Terms confirms your acceptance of those changes.

We may, in our sole discretion, suspend or cancel Dream Team or your participation in it for any reason, at any time.  You agree that no liability shall attach to us or VM as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to you.  We will endeavour to give you notice of such changes, but reserve the right to do so without notice. 

Eligibility to participate in Dream Team

To participate in Dream Team you must be aged 16 years or over.  You will be asked to confirm your age when you first register for Dream Team. To be eligible to win prizes you must also be a New Zealand resident. NZME. may verify your residency before awarding you any prize.

Rankings as displayed on the Website include the rankings of all participants, and not only the rankings of participants that are eligible to win a prize, and therefore should not be relied upon as indication of who will win a prize.

No purchase is necessary to enter Dream Team.

Dream Team is open to employees of NZME.  or VM or their associated companies, and their immediate family members but those participants are ineligible to win prizes.

Entries

For the purposes of Dream Team and your use of the websites, our computer record of your entry will be considered to be your entry. We have the right to reject what, in our sole discretion, we consider to be incomplete, inaccurate or corrupted entries, or entries submitted after the specified deadline or Close-Off Time (as defined below). The decision of NZME. as to whether an entry is incomplete, inaccurate or corrupted is final.

It is a condition of entry that the Terms are accepted as final. We reserve the right to refuse to accept any entry which, in our opinion, does not comply with the Terms and regulations of the competition or which contravenes the spirit of Dream Team. You agree that no liability shall attach to us or VM as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to you.  

We will not have any responsibility or liability for late or undelivered entries, communications or for any technical failure, malfunction or difficulty, or any other event causing disruption to or corruption of Dream Team.

Registration

To enter Dream Team, you need to register and provide accurate and complete registration information. It is your responsibility to update and maintain that information by advising us of changes to your details as appropriate. Registration is for a single user only. On registration, you will need to select a "player name" and password.  You must not share your player name or password with anyone, nor use offensive words or word strings as part of your registration details or when playing Dream Team. We reserve the right to refuse to accept, and may change any details which we feel, in our sole discretion, are inappropriate or offensive. A non-exhaustive list of names that may be considered to be inappropriate or offensive are names that are obscene, pornographic, racist, abusive or harassing.

Any entry or picks submitted using your player name and password will be deemed to have been submitted by you, and we do not have any responsibility or liability for any entry or picks submitted by someone else using your details.   Anyone found to be managing a team that does not belong to them, on behalf of another Game player or without their knowledge, will be removed and not eligible to win prizes.

Privacy and use of your details

We collect entrants' personal information in order to conduct Dream Team. For the Fantasy Super Rugby, Fantasy NRL and Super Rugby Streak games, we may also share entrants’ personal information with VM and/or VM may collect and use entrants’ personal information for the purpose of entrants’ participation provided that such collection and/or use will be on our behalf. If the information requested is not provided, the entrant may not participate in Dream Team Games.  Please refer to our Privacy Policy regarding the storage of personal information.

Details of the participants in Dream Team will be displayed on various pages of the site.  You agree that we can display your "player name" together with your score and other information.

Participants consent to other participants searching their first and last names on the site using the "Search" features. Participants also consent to having their first and last names available to all fellow group members upon accepting an invitation to join a "Community Group".

Any communication or material you transmit to this website by email or otherwise, including data, questions, comments, suggestions or the like, will be treated in accordance with our Privacy Policy. The email address held by us should be kept valid at all times. We provide a facility to allow users to update their email address at any time. Update emails about Dream Team will be sent to this email address. 

You agree that we may use your personal information, including your email, for the purposes set out above and for advising you of changes or additions to
Dream Team or Dream Team websites, of future competitions, or for promoting products and/or services offered by us or our related companies or sponsors. However, you have the opportunity to opt out of receiving electronic promotional communications at any time. To be removed from our mailing list, please ensure you click on the opt-out link in any of the emails that are sent to you.

Prizes

The prizes for each Game will be specified when you enter the Game or can be viewed here: [http://dreamteam.nzherald.co.nz/content/Prizes.aspx].

Prize winners will be notified by phone or email using the details submitted by them when they registered.  Winners must be in New Zealand to collect the prize.  If NZME. is unable to contact any winner within 28 days of the draw date for the Game, the prize will be forfeited.

Unless otherwise specified, in the event of a tie between one or more participants for any prize, the winner will be selected by random draw between those highest scoring participants by independent judges.

Winners may be required to participate in publicity opportunities as notified by NZME. and your entry constitutes your agreement to this.

No prize may be redeemed for cash or any other reward. No prize may be transferred.

We reserve the right to make any changes to any prizes and to provide the winner with a substitute prize.

The reporting and payment of any tax liabilities incurred by you as a result of Dream Team are your sole responsibility. 

The judges' decision is final and no correspondence whatsoever will be entered into regarding Dream Team.

Your conduct

Any users who we consider, in our sole discretion, are not conducting themselves within the Game with ‘good sporting conduct’ will be removed from the Game. Our decision is final and we will not enter into any discussion about teams or individual players that are disqualified. NZME. has no liability to award any prize to a participant who is in breach of these Terms. In the event that a prize has been awarded by NZME. to a participant and NZME. subsequently becomes aware that such participant has breached these Terms, NZME. has the right to require such participant to refund any prize awarded.

If we find, or suspect, that you have: engaged in or attempted to engage in ‘spamming’ (the unsolicited emailing for business or other purposes), sent or attempted to send, created or attempted to create, or replied or attempted to reply to so-called ‘mailbombs’ (the sending of multiple or large electronic files or messages with malicious intent or the e-mailing of copies of a single message to many users), or hacked or attempted to hack into any systems or servers run by NZME. or VM, or undertaken any other activity which may adversely affect either the operation of Dream Team  or another person’s enjoyment of Dream Team , we will immediately remove you from the system and your registration and/or entry will be cancelled. You will have no right to any compensation in these circumstances and we reserve the right to report the matter to the relevant authorities.

You are and remain solely responsible for the content of any comments or other postings submitted to us via your registration details. You are also responsible for your interactions with other members of the Dream Team community. We reserve the right (but have no obligation) to monitor and moderate disputes between members of Dream Team community.

We may review the Dream Team  websites and may delete or remove (without notice) any site content or user content in our sole discretion, for any reason or no reason, including but not limited to content that in the sole judgment of NZME. violates these Terms.

You agree to indemnify and keep indemnified NZME.,  VM and their respective officers, directors, employees, agents, distributors and affiliates from and against any and all claims, loss, damage or liability (whether criminal or civil and direct or indirect) suffered and fees and costs incurred, including reasonable legal fees, resulting from any act, neglect or default or breach by you or any person who may be authorised by you or for whom you are responsible (for example as employer) of any of these Terms and/or from your placement or transmission of any Content (defined below) onto NZME.’s or VM’s servers, and/or from any and all use of your account.

Our liability

We will not have any responsibility or liability for the predictions or selections made, or information provided, by any person or entity which is displayed on Dream Team websites.  If you take the comments, predictions, selections and/or information of any other person or entity into consideration you do so entirely at your own risk.

Whilst we will endeavour to ensure that the content on the Dream Team websites (including (without limitation) all information on it, whether provided by us or not) (Content) is error-free, we do not warrant its accuracy, adequacy or completeness or that it is suitable for your intended use. The Content may contain inaccuracies and typographical errors. The Content may be updated at any time and may, at times, be out of date, inaccurate and/or incomplete. We do not have any responsibility for keeping the Content up to date, accurate and/or complete, nor do we have any liability for any failure to do so.

The Dream Team websites may not be continuously available and we make no assurances they are free from computer viruses or any other malicious or impairing computer program.

Neither NZME. nor VM accepts any liability if any matches that the
Dream Team are based on are cancelled or postponed due to reasons outside of our control.  Where matches are rearranged, points will be allocated to teams as per the date when the match is actually played.

This website, the Content and access to Dream Team is provided on an "as is" basis and there are no representations or warranties of any kind about Dream Team websites, the Content and/or Dream Team , other than as specifically stated in these Terms or that cannot be excluded by law. To the maximum extent permitted by law, neither NZME., VM nor any other person or party associated with Dream Team shall be liable for any loss or damage whatsoever suffered (including but not limited to indirect or consequential loss) or personal injury suffered or sustained in connection with either participation in Dream Team, the use of Dream Team or our websites or with any prizes offered. This exclusion shall apply in respect of, without limitation, any interruption of services, lost profits, loss of contracts or business opportunity, loss of data, or any other consequential, incidental, special, or punitive damages arising out of Dream Team even if we have been advised of the possibility of such damages, whether arising in contract, tort, under statute or otherwise. 

Disputes

If any dispute or difference arises out of or in connection with these Terms or Dream Team the parties shall seek to adopt an alternative dispute resolution process, such as mediation, if the dispute or difference is not resolved by discussion. If any dispute or difference is not settled by means of alternative dispute resolution, you agree to the exclusive jurisdiction of the New Zealand courts.

Copyright

The content of Dream Team, websites, rules and point structure of Dream Team are the copyright or other intellectual property of NZME., VM or their licensors. No information may be reproduced in any format without prior written consent from NZME..

Any reference to official teams, leagues, players or clubs, or reference on the websites or within Dream Team is purely to describe the nature of the content and Game. No official or commercial association with any teams, leagues, players or clubs is implied or intended.

Inviting Friends

Participants may refer Dream Team games to their friends via email or social media. If a Participant refers a friend, they warrant that they have obtained their friend's consent to do so prior to sending the email. The Participant indemnifies the Promoter against any claims by any third party for the Participant's failure to do so.

GAME-SPECIFIC TERMS

Tipping Game Rules

In addition to the general terms and conditions above, the rules in this section headed ‘Tipping Game Rules’ also apply if you are playing a Tipping Game.

All entries to Tipping Games must be submitted via the website prior to the kick-off / commencement of each real game, or as advised by us on the close-off day for each round to which the entry relates (Close-Off Time).  No entries will be accepted after the Close-Off Time for a particular Tipping Game.  Participants are entitled to 'default picks' on a pre-determined number of occasions (dependent on the specific rules of each Tipping Game) if they do not make their picks by the Close-Off Time.

Winning team selections and winning margin selections may be changed any number of times, up until the Close-Off Time.  All updated selections must be re-submitted.  An updated entry will only be deemed to be accepted upon receipt by you of confirmation, from us, that your selection has been received.

Points will be awarded based on the absolute (and final) official results - including overtime.


Fantasy Super Rugby Game Rules

In addition to the general terms and conditions above, the rules in this section headed ‘Fantasy Super Rugby Game Rules’ also apply if you are playing a Fantasy Super Rugby Game.

Notwithstanding these Terms being governed by the laws of New Zealand, the Fantasy Super Rugby Games are controlled and operated by VM from its offices within Australia.

To enter, the Participant must register by completing the online registration process at fantasysuperrugby.nzherald.co.nz between 9:00am New Zealand Standard Time ("NZT") on 29.01.2015 and closing on 23.59pm New Zealand Standard Time ("NZST") on 05.07.2015 and following the prompts for entry and in accordance with the game rules available at fantasysuperrugby.nzherald.co.nz.

Super Rugby Streak Game Rules

In addition to the general terms and conditions above, the rules in this section headed ‘Super Rugby Streak Game Rules’ also apply if you are playing a Super Rugby Streak Game.

1.     Participants attempt to predict try scorers in each of the 21 rounds of the 2015 Super Rugby Competition.

 

2.     Prizes:

 

a.     Perfect Streak Prize: A prize of NZ$50,000 is available to the participant who achieves a Perfect Streak (if any).

b.     Longest Streak Prizes: Prizes of NZ$1,000 (first prize), NZ$500 (second prize) and NZ$300 (third prize)

 

 

3.     How to Play:

 

a.     For each upcoming round, select players who you predict will score a try in that round. Minimum = 1 player per round; Maximum = 5 players per round.

b.     For each player you correctly select: you’ll increase your streak by ONE.

c.     For each player you incorrectly select: you will lose ONE life.

d.     Your streak will accumulate each round with every correct selection, as long as you have lives remaining.

e.     You start the Game with 20 lives.

f.      If you run out of lives, your streak will end. Your best streak will be stored and your entry will be ranked accordingly. If you wish, you can then start a new streak to try and improve.

g.     If you forget or don't make a selection in any round, you'll lose ONE life, however your streak carries over to the next round.

h.     NOTE: If you have less than 5 lives remaining, the max. number of players you can select is the number of lives you have remaining.

i.       A 'Longest Streak' can be recorded even if you lose any or all of your 20 lives for incorrect predictions while a 'Perfect Streak' is broken if you lose any life.

j.       Each player’s name, score and other information will be displayed on the site so each player can see their own rank and other players’ ranks.

 

4.     How to win the Perfect Streak Prize:

a.     Achieve a Perfect Streak:

                                               i.     Correctly predict at least one try scorer in each of the 21 rounds; AND

                                              ii.     Never lose a life.

b.     NOTE:

                                               i.     If two or more participants achieve a Perfect Streak, the Perfect Streak Prize will be awarded to the participant with the longest Perfect Streak (i.e. the player with the highest number of correct selections).

                                              ii.     If two or more participants achieve the same longest Perfect Streak, the Perfect Streak Prize will be split equally between such participants.

                                             iii.     If no participant achieves a Perfect Streak no Perfect Streak Prize will be awarded. The Perfect Streak Prize will not be awarded on a pro-rata basis.

 

5.     How to win a Longest Streak Prize:

a.     The participant who records the Longest Streak of try scorer predictions (correctly predicting at least one try scorer in consecutive rounds) will be awarded the Longest Streak Prize.

b.     There are also second and third prizes.

c.     If more than one participant player has the 'Longest Streak' at the end of the overall competition, a random draw amongst those participants will determine the winner, the second prize winner and the third prize winner (as relevant).

d.     A winner of a Perfect Streak Prize will not be awarded a Longest Streak Prize.

e.     The 'Longest Streak' can be recorded even if you lose any or all of your 20 lives for incorrect predictions.

 

 

6.     You can make/change any selection up until the start of the game in which the selected player is playing.

7.     There is no charge to play the Super Rugby Streak Game.

8.     Notwithstanding these Terms being governed by the laws of New Zealand, the Super Rugby Streak Game is controlled and operated by VM from its offices within Australia.

Date: Jan 2015

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